Parties wishing to use proceedings under the ICC Mediation Rules should consider choosing one of the clauses below, which cover different situations and needs.
Parties are free to adapt the chosen clause to their particular circumstances. For instance, they may wish to specify the use of a settlement procedure other than mediation. Further, they may wish to stipulate the language and place of any mediation and/or arbitration proceedings.
The notes below each clause are intended to help parties select the clause that best meets their specific requirements.
At all times, care must be taken to avoid any risk of ambiguity in the drafting of the clause. Unclear wording causes uncertainty and delay and can hinder or even compromise the dispute resolution process. When incorporating any of these clauses in their contracts, parties are advised to take account of any factors that may affect their enforceability under applicable law.
- Clause A: Option to Use the ICC Mediation Rules
- Clause B: Obligation to Consider the ICC Mediation Rules
- Clause C: Obligation to Refer Dispute to the ICC Mediation Rules While Permitting Parallel Arbitration Proceedings if Required
- Clause D: Obligation to Refer Dispute to the ICC Mediation Rules, Followed by Arbitration if Required
- Specific Issues Concerning the Emergency Arbitrator Provisions